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The Constitutional Identity of The Netherlands: Concepts, Arrangements and Themes

Coming Soon The Constitutional Identity of The Netherlands: Concepts, Arrangements and Themes

The Constitutional Identity of The Netherlands: Concepts, Arrangements and Themes

Author: Gerhard van der Schyff
Publisher: T.M.C. Asser Press
ISBN: 9789462657786

Published In: July 2026
Format: Hardback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The chapters in this book offer an analysis of the country's constitutional identity from various perspectives. Constitutional identity has become a commonly used instrument in studying legal orders. This book understands such identity as an order's core or fundamental elements or values as the expression of its individuality.

The contributions, written by legal experts in their respective fields, provide insights into Dutch constitutional identity by drawing on important constitutional concepts and arrangements, as well as relevant themes. This covers a wide range of topics, among them "democracy based on the rule of law", "fundamental rights", "the courts and the constitution", "state and religion" and "law and digitalisation".

The chapters provide a broad field of in-depth perspectives to not only inform and stimulate academic debate about their specific topics, but also about the country's constitutional law as such. In addition to national and comparative constitutional law scholars, this collection will also be of value to lawyers and policymakers dealing with constitutional law and identity questions.

The Constitutional Identity of the Netherlands: An Introduction

Part I- Concepts

Democracy Based on the Rule of Law: Dutch Constitutionalism Between Restraint and Pragmatism

Fundamental Rights: Between Trust in Parliament and Judicial Review?

Citizenship: The Hidden Backbone of Constitutional Identity

Constitutional Change: Constitutional Amendment without a Constituent Power

Part II - Arrangements

King, Government and Parliament: A Constitutional Jigsaw Puzzle.- Decentralisation: About the Constitutional Identity of Provinces and Municipalities.- Courts and the Constitution: The Prohibition on Constitutional Review in the Spotlight.- International and European Union Law: Openness as Identity?

Part III - Themes

State and Religion: A Question of Constitutional Identity?

Law and Education: Balancing between Constitutional Freedoms and Public Principles; between Plurality and Equality

Law and Digitalisation: The Rise of the Algorithmic Administrative State

Law and the Environment: Towards a Geo-Constitutional Identity